New South Wales Consolidated Acts

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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 86

Police may enter and search for firearms

86 Police may enter and search for firearms

(cf Crimes Act 1900 , s 357I)

(1) A police officer who, on an inquiry under section 85, is informed that there is no firearm in the dwelling but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.
(2) A police officer who believes on reasonable grounds that--
(a) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, otherwise than in a dwelling, and
(b) any of the persons concerned may have a firearm in a dwelling,
must apply to an authorised officer for the issue of a search warrant.
(3) In addition to any other powers of an authorised officer under Part 5, an authorised officer who issues a search warrant that a police officer is required to apply for under this section may, in the warrant, authorise any police officer--
(a) to enter and search the dwelling concerned for firearms, and
(b) to seize and detain any firearms that may be found in the dwelling.
(4) This section does not apply to a police officer if the circumstances are such that the police officer has power to search and seize a dangerous article under another provision of this Act or another law.



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